this is cnn breaking news. >> brett kavanaugh is the president's choice for the supreme court. who is he? what is his legal background? can democrats stand in his way? the administration will miss the deadline to reunite all migrant families with kids under 5. now the judge says the government cannot extend how long it holds migrant children. and the crews racing to

bring out the last trapped boys. four boys and the coach are still in. two successful mornings there. we are hopeful the last boys will come out this morning. >> they are confident. these could be the weakest of the group because they started with the strongest if you reverse engineer that. >> welcome to "early start." i'm christine romans. >> i'm dave briggs. it is tuesday, july 10th. 3:00 p.m. in thailand. 4:00 a.m. in the east. we start with the supreme court pick. the left and the right preparing for battle. now we know president trump's nominee to replace anthony kennedy on the supreme court is appeals court judge brett kavanaugh introduced by the president last night. the president was encouraged by the key conservatives who came to kavanaugh's defense. >> after the announcement, the nomination fight was under way.

chuck schumer issued this statement. president trump has put reproductive rights and health care protections for americans on the chopping block. >> my judicial philosophy is forward. a judge must be independent and interpret the law and not write the law. a judge must interpret the constitution as written. informed by history and tradition and precedent. >> vice president mike pence kicks off the white house campaign to pressure red state democrats to support kavanaugh. pence is supporting kavanaugh to mitch mcconnell's office today. >> and moving his nomination along quickly could be a challenge. for the latest, let's go to

boris sanchez at the white house. >> reporter: christine and dave, no one more qualified for the position. that is how president trump described brett kavanaugh. his choice to replace anthony kennedy following his retirement from the supreme court. two people close to the decision making process showed that president trump showed favor to kavanaugh long before kennedy announced his retirement and after a conversation with the retired justice, president trump felt more strongly. the president talked about his criteria for choosing kavanaugh. >> what matters not a political view, but whether they can set aside the views to do what the law and the constitution require. i am pleased to say that i have found, without doubt, such a person. >> reporter: some democrats have come out in total opposition to

the nomination. he could potentially win some favor among red-state democrats. previously kavanaugh made statements suggesting that he would respect legal precedent and potentially uphold roe v. wade. dave and christine. >> boris at the white house. joining us here this morning is political writer is harry enton. seven hours ago this was announced. this is a name new to americans. they will dig into his judicial background. what you know about the d.c. court of appeals and former clerk for anthony kennedy. he first thanked the president and talked about anthony kennedy and how he would take that role. served in the bush administration. worked on the starr investigation and strong proponent of executive power. will he energize trump's base? >> i think he will energize it enough. he is well qualified.

when you are dealing with qualified nominees, those are the nominees that get confirmed overwhelmingly. >> gorsuch, as in past times, could get 90 votes. they do have 51-49 advantage and mike pence if they need it. this looks like a safe confirmation as far as getting republican votes. what about the red-state democrats that boris mentioned? will they get democrat votes? >> it is plausible. it is the same path with gorsuch. the three red-state democrats and doug jones in alabama. i would say looking back at past nominations if you look at the qualifications and the ideology, you are looking at the area of 52 or 53 or 54 aye votes. >> you can put jon tester in that category. tester is under a lot of pressure to vote. >> he leans to the constitution.

he is there to interpret the law, not make the laugh. we lashz not -- not make the law. do you think he will be careful to not tip his hand to roe v. wade? >> if there is one thing we heard about it from 30 years ago, they don't keep anything quiet. answer the questions asked in such a way not to put your nomination in jeopardy. >> and pay your nanny taxes. >> yes. >> these processes we don't learn. we will learn something when we dig up brett kavanaugh's past. the starr investigation. here is what the senator democrat tweeted about this. brett kavanaugh was the only nominee on trump's short list who written that a sitting president should not be indicted. it is not a coincidence he was selected. here is what past statement

regarding presidential power from kavanaugh said. quote, having said first hand how complex and difficult that job is, i have believe it is vital that the president focus on his never ending tasks with as few distractions as possible. that will be the line of attack for democrats. will it work? >> probably not. really the only way the nomination goes down is if he becomes so unpopular with the public, there is enough public pressure to make susan collins or lisa murkowski to vote no. it doesn't matter how many votes you get. if you have a majority, you end up on the supreme court. the only way this goes down is if he is so unpopular with the people. >> that nominee. he has been known for seven hours to the american public at

this point. do you think, again to go back to the first question, energizing trump's base. he wants a pick to sail through and help him pick his mark for the next 50 years on the supreme court. >> if you look at the record of judge kavanaugh, you see a conservative record. will he be conservative as clarence thomas? probably not. he will be more conservative than john roberts. >> he will be the fulcrum as kennedy? >> that seems very unlikely. >> hugh hewitt says he is roberts 2.0. harry, thank you. we'll check in with you in 20 minutes. a federal judge says the justice department cannot limit reca rules on the detained families. all of this is happening because

the president implemented a zero tolerance policy. the request was wholly without merit. the judge released a statement in the government's favor. the court does appear to acknowledge that parents who cross the border will not be released and must choose between remaining in family customdy. >> so far, 54 of 102 toddlers will be reunified today. on monday, the federal judge who set the deadline was said to be encouraged by the progress. the government has thousands more children who have to be reunited by july 26th. missing that deadline. operation to rescue four pr remaining boys and soccer coach in thailand will resume.

officials hope this effort will be over after today. let's go to ivan watson. four children and the coach. rescuers must be learning along the way as well. where do we stand in the process right now? >> reporter: that's right. it has been five hours that the rescue operation has been under way again on this third day of operations. way ahead of schedule from what we were told last night. recall that on sunday and monday, they successfully emerged with eight boys. four on each day. remaining inside is four boys and their 25-year-old coach and the doctor who has been with them since the authorities were able to reach them and three na navy z.e.a.l. officers. all will emerge by the end of the day of the activities. they must be feeling confident.

as for the eight who have emerged, each came out wearing a wet suit to try to keep body temperatures warm as they are spending quite an extended amount of time under water because the cave that they are trapped under is it 2.5 miles beneath the mountain behind me. many of those passages are flooded with water which is why they are trapped there in the first place. they are equipped with full face masks to provide them with air during the difficult and dangerous journey which claimed the life of a professional diver a thai navy s.e.a.l. when they emerge, they are rushed to the hospital by helicopter. the eight who have been rescued so far are in pretty good medical condition. two have inflamed lungs. they are keeping them in quarantine for now. dave and christine. >> thank you, ivan. keep us posted if there is any activity there for the final

withdrawal of the others. >> great to see the weather there as well. the struggle to cut a brexit deal is causing the biggest leadership crisis of theresa may's tenure days ahead of her meeting with president trump. we are live ahead on "early start."

the british government is in turmoil this morning as prime minister theresa may faces a crisis of leadership. she named a new foreign secretary to replace boris johns johnson and the new brexit secretary who resigned on monday. cnn's nic robertson is live at 10 downing street. nic, can theresa may survive this? >> reporter: she can survive through the week until president trump arrives later in the week. the challenge hasn't gone away. two heavy hitters gone. boris johnson has harbored ambitions of leadership.

at the moment, the support is not so much to bring theresa may down. she is in a cabinet meeting behind me. the focus of the moment is on delivering the type of brexit and type of getting out of the european union on the terms that they want with the hard brexiteers. she could find herself in the tough leadership challenge this year. the thinking is if she can survive, she will survive until october. this is far from over. the pressure piled on by the novichok agent that killed somebody outside of london over the weekend. the investigation into that continues. that places more pressure on the prime minister international relations and relations with russia and president trump arriving which is another big deal on her plate. i came past the location where president trump will stay this week. the fortification which are going up.

big fences and concrete which is going in. a lot for the prime minister this week. dave. >> 24 hours before the county can turn attention back to the world cup. nic robertson live at 10 downing. thank you. 18 minutes past the hour. a baby in montana is recovering. rescued after spending hours partially buried outdoors. th are specialists we'e proud to call our own. experts from all over the world, working closely together to deliver truly personalized cancer care. expert medicine works here. learn more at cancercenter.com

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trump called that drug companies are getting away with murder. they should be ashamed they raised prices for no reason and taking add van ttage of the pow. f the president had already unveiled a plan to reduce drug prices two months ago. here he is in may. >> we will have tougher negotiations, more competition and much lower prices at the pharmacy counter and it will start to take effect very soon. >> so he promised lower drug prices and pfizer raised prices. that has not materialized yet. cutting drug price was a campaign promise. hegotiate with drugmakers. he made it easier for generic

drugs to hit the market. a fifth former ohio state wrestler saying jim jordan knew of accusations and touched a blind eye. a former wrestler spoke to cnn and asked to remain anonymous. he proclaimed jordan was not aware of the doctor's conduct and the head coach finally put a stop to it. now saying no one knew about the abuse and one of six former coaching released a statement supporting congress member jordan. >> support building for the congress member. calling on jordan to resign. the congress member still denying any knowledge of inn inappropriate behavior at ohio state. a source tells cnn they are uncomfortable with the scandal

and taking a wait and see approach. a miracle in montana. a 5 month old baby found alive after being partially buried for hours in the mountains following a 911 tip. the baby was discovered alive face down under a pile of sticks and debris. kpax reports that the baby has minor scrapes and is in good condition. 32-year-old francis crowley was supposed to be taking care of the baby. >> that story is terrifying. >> makes you hold your breath. 24 minutes past the hour. democrats are vowing to fight to keep brett kavanaugh off the supreme court. but prolonging the fight over the president's pick can help the republicans in the midterms.

this is cnn breaking news. >> brett kavanaugh has impeccable qualifications and improving commitment to equal justice under the law. >> brett kavanaugh is the president's choice for the supreme court. can democrats stand in his way? the administration will miss the deadline to reunite all migrant families with kids under 5. now the judge says the government cannot extend how long it holds migrant children. and in thailand, rescue crews are racing to bring out the last boys trapped inside a cave. four boys and the coach are

all expected to come out today. we are live in thailand. welcome back to "early start." i'm dave briggs. >> a doctor and three s.e.a.l.s have been with them. i think they want it done today. we are monitoring with ivan watson at the mouth of the cave. i'm christine romans. let's start with the big news. seven and a half hours ago. the big reveal. left and right preparing for battle now we know the nominee to replace anthony kennedy on the supreme court. he is 53-year-old brett kavanau kavanaugh. the yale educated lawyer worked on the starr investigation of bill clinton. he worked on the bush administration white house. sources close to the selection process say the president was encouraged by the key conservatives who came to kavanaugh's defense. jeff zeleny reporting that ann colter and others were on his

team. >> the nomination fight was instantly under way. chuck schumer issuing this statement within seconds. >> after the announcement, the nomination fight was under way. chuck schumer issued this statement. president trump has put reproductive rights and health care protections for americans on the chopping block. >> my judicial philosophy is forward. a judge must be independent and interpret the law and not make the law. a judge must interpret the constitution as written. informed by history and tradition and precedent. >> vice president mike pence kicks off the white house campaign to pressure red state democrats to support kavanaugh. pence is supporting kavanaugh to take him to the office of mitch mcconnell this morning. >> and moving his nomination

along quickly could be a challenge. for the latest, let's go to boris sanchez at the white house. >> reporter: christine and dave, no one more qualified for the position. that is how president trump described brett kavanaugh. his choice to replace anthony kennedy following his retirement from the supreme court. two sources close to the decision making process showed that president trump showed favor to kavanaugh long before kennedy announced his retirement and after a conversation with the retired justice, president trump felt more strongly. the president talked about his criteria for choosing kavanaugh. >> what matters not a political view, but whether they can set aside the views to do what the law and the constitution require. i am pleased to say that i have found, without doubt, such a person.

>> reporter: some democrats have come out in total opposition to the nomination. he could potentially win some favor among red-state democrats. previously kavanaugh made statements suggesting that he would respect legal precedent and potentially uphold roe v. wade. dave and christine. >> boris at the white house. thank you. joining us here this morning is political writer is harry enten. some are calling this pick as justice roberts 2.0. >> it is justice roberts 2.0 in this is a well qualified nominee. i think looking at his record on the bench is more conservative. i'm not sure that will happen with this selection. >> he says he reveres the constitution. he will interpret the law. not make the law. we heard this before. what do you think democrats in particular will be drilling

down? the position on the roe v. wade and affordable care act? >> those and it will be his position on executive power. they will look for a line of attack. anything they can grasp on to. when you have a well qualified nominee, i expect him to pass by a small margin. >> here are the names. senate wild cards to focus on. susan collins and lisa murkowski. they look supportive. the democrats are the real focus here. three voted for neil gorsuch. heitkamp. manchin and donnelly. you can factor in doug jones and jon tester. harry, will they risk their political life with the no vote on this nominee? >> they could. a number of the senators are up in the midterm elections. that is the big question. they will go back home and hear

what the people have to say. if the public is on the side of the nominee and usually that is how it works out in supreme court nominations, there is a lot of pressure to vote for them. >> this nominee is a strong proponent of presidential power. brett kavanaugh was the only nominee on the short list who has written a sitting president should not be indicted. it's not a coincidence he has been nominated. and having seen how first hand how difficult that job is, the president should focus on his task with as few distractions as possible. if the president does something dastardly, the impeachment process is available. >> that is what the democrats will try to hold on to and push

the social issues. whether that statement on executive power or potential position on hetalth cares. those are the issues democrats want to hold on to because they are dead in the water in their states. they will hold on issues that are big social issues. that will allow them to oppose the nominee and not ailing. >> i love the word dastardly. >> i like that. that, to me, is perfect for me. >> dastardly. >> harry, we appreciate you being here. president trump particulars off the european tour when he flies to belgium later this morning for the nato summit. the president has been pressuring american allies to provide for more defense spending. this president is willing to follow through and this is

fracturing the western alliance. we have more from kaitlan collins in brussels. >> reporter: dave and christine, the president is expected to leave the white house headed for brussels for what is expected to be a divisive nato summit. as from the tweets yesterday, the president is singling out germany for not doing enough on defense spending. these leaders fear when the president comes, they will factor in if the president is truly on the side of nato. they are worried about the long-term effects. the president wraps up the week in europe and will sit down with vladimir putin for the first time. a summit that many european leaders fear will be friendlier than meeting with them in brussels. that is something they fear could result, the talk was the kremlin, could result in less u.s. military in europe. maybe stopping of the military

exercises as the result of the summit in singapore with the north korean dictator kim jong-un. those are the fears. they are preparing for a showdown with president trump. wondering what the president will say, although aides say the president will have a unifying message when he does meet with the leaders. they are not so sure and want to hear from president trump himself. dave and christine. >> thank you. breaking news. a federal judge says the justice department cannot change rules to limit how long immigrant children can be detained. the doj wanted the change to keep families together. long term. that is all over the zero tolerance policy that led to the separation of families at the border. the judge called the doj request wholly without merit. the justice department releasing a statement highlighting the ruling in the government's favor. the court does appear to acknowledge that parents who cross the border will not be released and must choose

remaining in family custody or requesting separation from children. today is the deadline for children under 5 to be reunited with parents. it is a deadline the government will not meet. so far only 54 of 102 toddlers will be reyou nigureunited toda. the judge who heard the hearing, said he was encouraged by the process. the operation to rescue four remaining boys and soccer coach from the cave in thiailand has resumed this morning. officials hope the efforts will end today. let's go to ivan watson. ivan, it seems optimism is abound there. the weather looks like it is all clear as well. >> reporter: it dumped rain through the first half of the

day. we don't know what effect it will have on the rescue operation. that operation has been under way for five hours. there is optimism. officials are predicting the four boys and the coach will emerge by the end of the day as the doctor and navy s.e.a.l. officers. let's update you on the boys rescued on sunday and monday from the cave. they are all, we're told, in pretty good mental and physical health. they are held in quarantine in hospital an hour from where i am. ferried by military helicopter. they are rationed food. not solids yet. bread with chocolate spread for example. they have not had solid food for two weeks. they have to be careful to reintroduce this so their systems and learning they had blind folds on because they have not seen sunlight for two weeks and transition to sunglasses for

example. their families of the first four that got out sunday were able to see them monday night. they were not able to touch them or come into the hospital ward. they had to look at them through glass because they are trying to keep them under quarantine and sterile conditions. they are worried about infection. some children have inflamed lungs. two of them. families are not able to touch, hug, kiss their boys yet. the boys will be in hospital for at least seven days. they were invited by the head of fifa to the world cup finals in russia. they will not be able to travel. thai authorities are not taking any chances. they will remain in quarantine. >> we have difficulty with the audio of ivan watson. christine, can you imagine the parents not able to hug their kids? i need a hug after a long day at work.

nonetheless, optimism. i need that hug. >> everyone is playing it carefully. that is important. we will bring you the rescue when we have action on the ground. the struggle to cut a brexit deal is creating the biggest crisis of theresa may's tenure. days ahead of her meeting with president trump. we are live in london. if you have medicare

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all right. facebook gets company. congress is now grilling google and apple over how they handle user data. on monday, house lawmakers sent lirt letters to apple and google and alphabet asking how they collect location data and if they access third party data. if the smartphones, it collects audio from conversations taking place near the device if the

user did not use a trigger voice. apple declined to comment. google will answer lawmaker questions and protecting privacy and securing information is of the utmost importance. both companies have until july 23rd to respond. 4:48. the british government in turmoil as prime minister theresa may faces the most serious crisis of leadership. she now has named a new foreign secretary to replace boris johnson and new brexit secretary to replace david davis after both resigned within hours of each other on monday. nic robertson is live at 10 downing street with more in london. good morning, nic. >> reporter: dave, we are watching as the prime minister hits the reset button to stabilize the cabinet. we have seen members leave after an hour of 10 downing street.

the first cabinet meeting since the resignation of boris johnson and david davis. you have to say no one responding to the shouted questions that can theresa may survive and is the country turning into a colony as boris johnson is suggesting in the resignation letter. the prime minister probably can hang on to the summer recess which is couple weeks away and challenges to the leadership is not for the coming over the next -- not forthcoming over the next few weeks. and no one believes for a second boris johnson has given up on the idea of brexit. the trouble for the prime minister not gone away. on top of that, the outbreak of the novichok nerve agent which killed a british citizen over weekend. that is a problem for prime minister. president trump arriving in a

couple of days and fortifications are going up around london. i saw them this morning. heavy fencing and concrete blocks. protests are expected here, dave. a very difficult week for the british prime minister theresa may right now. >> chaos is the back drop to the president's visit. nic robertson, thank you. in japan, 155 people are dead. almost 80 missing or unaccounted for after heavy rain triggered tremendous flooding and landslides. about 1 million people have been ordered to evacuate as they turn to search and rescue efforts. nearly 17,000 customers are without power and phone lines are down across multiple districts. romans, starbucks? >> you are an eco terrorist. >> good-bye to plastic straws. what is the new option? "cnn money" is next. we do whatever it takes to fight cancer.

these are the specialists we're proud to call our own. experts from all over the world, working closely together to deliver truly personalized cancer care. expert medicine works here. learn more at cancercenter.com and it's time to get outside.

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does your business internet provider promise a lot? let's see who delivers more.

comcast business gives you gig-speed in more places. the others don't. we offer up to 6 hours of 4g wireless network backup. everyone else, no way. we let calls from any of your devices come from your business number. them, not so much. we let you keep an eye on your business from anywhere. the others? nope! get internet on our gig-speed network and add voice and tv for $34.90 more per month. call or go on line today. welcome back. 55 minutes past the hour. a fifth former ohio state wr wrestler tells cnn that jim jordan knew about the abuse and turned a blind eye. the former wrestler asked to remain anonymous. he called jordan a phony for

claiming he was not aware of the condu conduct. no one knew about the abuse and is one of six former coaches at ohio state who released a statement supporting congress member jordan. >> not everyone is buying that. political action committee paid to fly a banner over columbus, ohio calling on jordan to resign. the congress member continues to deny knowing any abuse at ohio state. the freedom caucus is taking a wait and see approach. president trump sued by the former personal driver. claiming he was forced to work thousands of hours of overtime without fair compensation during the two decades on the job. the complaint said mr. trump acted with a sense of privilege when he denied a raise to the driver. the lawsuit refers to trump as purported billionaire.

the spokesperson tells cnn mr. cintron was paid in ooaccordanc with the law. a 5 month old partially buried in the mountains following a 911 tip. the sheriff followed the sound and discovered the baby alive face down under a pile of sticks and debris. the affiliate kpax reports that the baby is in good condition. 32-year-old francis crowley has been charged with criminal endangerment. let's get a check on "cnn money." global stocks higher. dow and s&p 500 with the best day in a month. the trade war is on the back burner and investors hope for another strong quarter. profits should be 20% higher

than last year. some of the largest u.s. banks are the first to report. citigroup and jpmorgan chase and wells fargo. twitter stock fell 5% monday. the washington post reported twitter suspended 70 million fake accounts. that was something an investor did not like because it potentially puts user growth at risk. that is good to purge the fake accounts out of the business model. states are looking into a practice of holding down wages. the attorneys general of ten states are asking eight restaurant chains about no coach rules. if they have deals that stop from hiring workers away from one another. that may explain wage growth is slow for fast food workers. states say this limits the ability to earning potential. the median pay for restaurant workers is $9.81 an hour. starbucks is going strawless

by 2020. the latest to stop serving plastic straws. single use plastic straws. hyatt hotels and starbucks will phase them out. starbucks will replace with flat plastic lids that look like sippy cups. they will serve frappacino from paper or plastic. this is in response to consumer demand. plastic packages is not worth the damage to the world's ocean. >> it looks like a kid sippy cup. >> i'm pro sippy cup. >> i'm for ending the single serve. >> i think the paper version. we will have an update from the thailand cave rescue straight ahead and who is brett kavanaugh? trump's pick for the supreme

court. "early start" continues right now. this is cnn breaking news. >> brett kavanaugh is the -- has the proven equipment to the equal justice under the law. >> brett kavanaugh is the president's pick for the supreme court. who is he? what is his legal background? can democrats stand in his way? the administration will miss the deadline to reunite all migrant families with kids under 5. now the judge says the government cannot extend how long it holds migrant children. and the crews racing to bring out the last trapped boys. four boys and the coach are still in. two successful mornings there.